Australia: Property & Projects – What's News - 2 October 2013

Last Updated: 8 October 2013

In the media – National

GBCA: green Star rulings slash compliance costs
The Green Building Council of Australia has released new rulings in an effort to cut compliance costs for many credits. Responding to feedback, particularly around the expense of modelling "daylight", "thermal comfort" and "air change effectiveness" credits, the new rulings provide alternative methods estimated to save between $36,000 and $50,000 (19 September 2013). More...

Streamlining Government Processes by Dissolving the Climate Commission
The Abbott government has abolished the Climate Commission, which had been established to provide public information on the effects of and potential solutions to global warming (19 September 2013). More...

Direct Action keeps states guessing
The Abbott government states that its Direct Action program will deliver the pledged 5 per cent reduction on 2000 levels in national emissions by 2020 at a cheaper cost. The problem for state policies, according to a climate scientist at the University of Melbourne, is there is so little detail about how Direct Action works it is unclear which programs are now complementary (18 September 2013). More...

Australian real estate leads in sustainability The Global Real Estate Sustainability Benchmark 2013 Report released last week in Amsterdam, indicates Australia is leading the charge in the global real estate sector's bid to reduce its environmental impact (16 September 2013). More...

ASFA: SMSF property spruikers need regulation
Property marketers who try to incentivise self-managed superannuation fund (SMSF) customers with overseas holidays should be bound by the same regulations as other financial advice providers, an industry body believes (12 September 2013). More...

In the media – Victoria

Fishermans Bend lures $2bn facelift
The Victorian government has unveiled a new "draft vision" for the City of Melbourne's ambitious plan to revitalise the Fishermans Bend industrial district that the government hopes will attract $2 billion in new investment from the private sector (17 September 2013). More...

In the media – New South Wales

New window safety laws to help prevent child falls
The NSW Minister for Fair Trading Anthony Roberts has introduced into Parliament new window safety laws to help prevent children falling from windows in residential strata buildings with amendments to the Strata and Residential Tenancies legislation , saying the new laws will help to save lives (18 September 2013). More...

In the media – Queensland

Sunshine Coast dams recreation review
Water Supply Minister has released the discussion papers for Baroon Pocket and Ewen Maddock dams, which are a part of Seqwater's most extensive review of recreation of South East Queensland dams and catchments (18 September 2013). More...

SEQ water security a priority ahead of 2013-14 storm season
Planning for the 2013-14 storm season is set to ramp up, with the Water Supply Minister and the Bureau of Meteorology will meet to overview 2013-2014 storm season, with SEQ s water security high with the named dams at 85 per cent capacity or greater (17 September 2013). More...

Quirk unveils revised 20-year plan for Brisbane's CBD
The Brisbane Lord Mayor wants longer trading hours and a greater focus on entertainment venues to improve the vibrancy of the central business district. Councillor Quirk launched the revised City Centre Master Plan at City Hall on 17 September (17 September 2013). More...

Thousands of Qld farmers claim rent relief
Struggling Queensland farmers have claimed more than $1.8 million in state rent relief, with more than 2000 primary produces in drought-declared shires have received rental rebates for state land leases since the scheme was introduced in May (17 September 2013). More...

Queensland millers slam court order as a "dangerous precedent"
In a ruling slammed by millers as setting a "dangerous precedent", a SC judge ordered Mackay Sugar to pay more than $3 million in damages to refined-sugar exporter, Sugar Australia, for breach of contract after their local mill failed to deliver on sugar-supply contracts because the crops were waterlogged (11 September 2013). More...

Gold coast 10 year waterways strategy released
The draft Waterways Management Strategy released for community consideration this week, was developed by the Gold Coast Waterways Authority and includes suggestions on how best to spend the $35.3 million committed as part of the Marine Infrastructure Fund (12 September 2013). More...

Energy and Water legislation passes in Queensland
The Minister for Energy and Water Supply said the passing of the Energy and Water Legislation Amendment Bill 2013 finalised the closure of two no longer relevant energy programs. The closures include the Queensland Gas Scheme and the Smart Energy Savings Program (12 September 2013). More...

In practice and courts – Queensland

Reminder: The Draft Brisbane City Centre Master Plan 2013
This will achieve the vision of being an 'open city' through a coordinated framework of five strategies and the delivery of transformative projects and initiatives. These projects and initiatives have been grouped together into the 10 city-making moves. Submission close for the draft master plan on 25 October 2013. More...

Cases – Victoria

Re Comdain Homes Pty Ltd [2013] VSC 487
PROPERTY – Restrictive covenant – Application for modification – Applicable legal principles – Covenant restricting erection on the land of any building other than one house not to be used for any purpose other than as a private dwelling or as bank premises – Application to modify to include use as a display home for two years – Whether modification will not substantially injure the persons entitled to the benefit - Application granted – Property Law Act 1958, section 84(1)(c). More...

Jarrold v Isajul [2013] VSC 461
TORTS – NEGLIGENCE – Plaintiff claims a one half legal interest in a property bought by the fifth defendant and allegedly sold without her knowledge – Plaintiff claims that the first and second defendant were negligent in respect of the handling of the conveyance for the sale of the property in dispute – Plaintiff settled claim as against the first and second defendant on the second day of the trial. REAL PROPERTY – TORRENS SYSTEM – ENTITLEMENT TO STATUTORY INDEMNITY – Whether plaintiff entitled to indemnity by the third defendant for the loss and damage suffered by her as a result of the sale of her interest in the property – Transfer of Land Act 1958 s 110 – Third defendant joined the fifth defendant to the proceeding. EVIDENCE – STANDARD OF PROOF – Plaintiff claims that fifth defendant forged power of attorney – Whether the plaintiff has satisfied the Court that the power of attorney was forged – Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 – Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 – Evidence Act 2008 s 140(2) – Credibility of the lay witnesses – The expert evidence on handwriting – Gawne v Gawne (1979) 2 NSWLR 449. TRUSTS – PRESUMPTIONS – ADVANCEMENT – RESULTING TRUST – Contributions to the Purchase Price – Whether the presumption of advancement rebutted – Charles Marshall Pty Ltd v Grimsley [1956] HCA 28; (1956) 95 CLR 353 – Martin v Martin [1959] HCA 62; (1959) 110 CLR 297 – Pearson v Pearson [1961] VicRp 108; [1961] VR 693 – Cummins v Cummins, (2006) 227 CLR 278 – Relationship between the plaintiff and fifth defendant – Whether fifth defendant intended plaintiff's legal interest be held on trust for him. More...

KY Enterprises Pty Ltd v Darby [2013] VSC 484
REAL PROPERTY – adverse possession – land between two shops – land enclosed with adverse possessor's land by locked gates – consideration of access to the land by registered owner from a door in the registered owner's shop – whether adverse possessor abandoned possession by absence of one year – whether use of land by registered proprietor amounted to retaking of possession – significance of adverse possessor granting permission to registered proprietor to use land - Limitation of Actions Act 1958 (Vic) ss 8,9,14, 16 and 18. REAL PROPERTY – trespass - whether defendant liable for the trespass of his agent or his tenant. More...

Cole v Knox CC [2013] VCAT 1535
The permit holder - prevented by legislation from seeking title to the fenced land by way of adverse possession[10], since it was land owned by council – court - considers that condition 9 is unlawful to the extent that it does not fairly and reasonably relate to the permitted development and has been imposed for an ulterior (i.e. non-planning) purpose. More...

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